§ Q. Violations.

A. 

It shall be the responsibility of the establishment, permit holder and/or his or her business agent to ensure compliance with all sections of this regulation. The violator shall receive:

(1) 

In the case of a first violation, a fine of $100.

(2) 

In the case of a second violation within 24 months of the date of the current violation, a fine of $200 and the tobacco product sales permit may be suspended for seven consecutive business days.

(3) 

In the case of three or more violations within a twenty-four-month period, a fine of $300 and the tobacco product sales permit shall be suspended for 30 consecutive business days.

(4) 

In the case of four violations or repeated, egregious violations of this regulation within a twenty-four-month period, the Board of Health shall hold a hearing in accordance with Subsection D of this section and may permanently revoke a tobacco product sales permit.

B. 

Refusal to cooperate with inspections pursuant, to this regulation shall result in the suspension of the Tobacco Product Sales Permit for 30 consecutive business days.

C. 

In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products while his or her permit is suspended shall be subject to the suspension of all Board of Health issued permits for 30 consecutive business days.

D. 

The Deerfield Board of Health shall provide notice of the intent to suspend or revoke a tobacco product sales permit, which notice shall contain the reasons therefor and establish a time and date for a hearing, which date shall be no earlier than seven days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Deerfield Board of Health may suspend or revoke the tobacco product sales permit if the Board of Health finds that a violation of this regulation occurred. For purposes of such suspensions or revocations, the Board shall make the determination notwithstanding any separate criminal or noncriminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the tobacco product sales permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this regulation.